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Grapes, P., Aplt. v. Grapes, L. v. Grapes, P.

Docket 3 WAP 2026

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Pennsylvania
Court
Supreme Court of Pennsylvania
Type
Unanimous Opinion
Case type
Civil
Disposition
Dismissed
Docket
3 WAP 2026

Direct appeal to the Pennsylvania Supreme Court challenging an order from the courts of common pleas; the Court reviewed whether the Notice of Appeal was permissible.

Summary

The Pennsylvania Supreme Court issued a per curiam order on April 21, 2026 quashing a Notice of Appeal in a dispute involving Paula Grapes (as executrix of an estate) and Linda J. Grapes. The Court concluded the appeal could not proceed because the challenged order was not one of the types of final orders that may be appealed directly to the Supreme Court under state statute and appellate rules. The Court relied on 42 Pa.C.S. § 722 and Pennsylvania Rule of Appellate Procedure 341(b) in finding the appeal improper and therefore quashed the filing.

Issues Decided

  • Whether the order appealed from was a type of final order that may be appealed directly to the Pennsylvania Supreme Court under 42 Pa.C.S. § 722.
  • Whether the challenged order met the definition of a final order under Pa.R.A.P. 341(b).

Court's Reasoning

The Court applied the statutory and procedural rules that define which common pleas court orders are appealable directly to the Supreme Court and what constitutes a final order. Because the challenged order did not fall within the categories set out in 42 Pa.C.S. § 722 and did not meet the definition of a final order under Pa.R.A.P. 341(b), the Court concluded it lacked jurisdiction to hear the appeal and quashed the Notice of Appeal.

Authorities Cited

  • 42 Pa.C.S. § 722
  • Pennsylvania Rule of Appellate Procedure 341(b)

Parties

Appellant
Paula Grapes as Executrix of the Estate of David B. Grapes
Appellee
Linda J. Grapes
Appellant
Paula Grapes

Key Dates

Decision date
2026-04-21

What You Should Do Next

  1. 1

    Consult appellate counsel

    Talk with an appellate attorney to determine whether the order can be deemed final or whether an appeal to the appropriate intermediate appellate court is the proper route.

  2. 2

    Review orders for finality

    Examine the lower-court docket and orders to identify a final, appealable order under Pa.R.A.P. 341(b) or to pursue any post-trial motions needed to create finality.

  3. 3

    Consider refiling in correct court

    If appropriate, file a new appeal in the correct appellate court (Superior or Commonwealth Court) or pursue any necessary statutory procedures before attempting further review.

Frequently Asked Questions

What did the court decide?
The Pennsylvania Supreme Court quashed the Notice of Appeal because the order being appealed was not one that can be taken directly to the Supreme Court under state law and appellate rules.
Who is affected by this decision?
The parties to the appeal — Paula Grapes (as executrix) and Linda J. Grapes — are affected because the direct appeal to the Supreme Court was dismissed.
What happens next?
The appellant may need to seek relief in the appropriate appellate forum (for example, the Superior or Commonwealth Court) or take any available procedural step to obtain a final, appealable order.
Can this be appealed again to the Supreme Court?
Not directly; to return to the Supreme Court the appellant must first obtain a final order that fits within the categories in 42 Pa.C.S. § 722 or otherwise follow the proper appellate route and preserve jurisdictional requirements.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
IN THE SUPREME COURT OF PENNSYLVANIA
                               WESTERN DISTRICT


 PAULA GRAPES AS EXECUTRIX OF THE                   : No. 3 WAP 2026
 ESTATE OF DAVID B. GRAPES,                         :
                                                    :
                      Appellant                     :
                                                    :
                                                    :
               v.                                   :
                                                    :
                                                    :
 LINDA J. GRAPES,                                   :
                                                    :
                      Appellee                      :
                                                    :
                                                    :
               v.                                   :
                                                    :
                                                    :
 PAULA GRAPES,                                      :
                                                    :
                      Appellant                     :


                                         ORDER

PER CURIAM


       AND NOW, this 21st day of April, 2026, the Notice of Appeal is QUASHED. See

42 Pa.C.S. § 722 (delineating the type of final orders from the courts of common pleas

that may be appealed directly to this Court); Pa.R.A.P. 341(b) (defining final orders).